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applying for 10 years ILR while appeal is pending !

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htinlin21c
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Joined: Tue Oct 06, 2009 11:35 am

applying for 10 years ILR while appeal is pending !

Post by htinlin21c » Tue Oct 06, 2009 11:58 am

Hi,
I've been here in UK for 10 years now, unfortunately a few months ago, i've got PSW visa refused for a reason and i had the right to appeal against the decision. so i made the appeal and waiting for the decision. it means i am still living lawfully in this country. i am not too sure my appeal will be accepted or not. my question is that while my appeal is pending, whether my appeal is accepted or not, can i be able to switch the application and apply for long residence ILR? Pls reply me.

regards,

Htin

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Oct 07, 2009 4:38 am

Chapter 18 - Long residence wrote:The applicant completes 10 years continuous lawful residence or 14 years continuous residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence or 14 years continuous residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D it is not possible to submit a new application while an appeal is outstanding however it is open to the applicant to submit further grounds to be considered at appeal.
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